If you meet the criteria laid out in the Family and Medical Leave Act of 1993, you have the right to its protections. Although you have this right, it is possible for your employer to deny you access to these protections. When this happens, you can face substantial financial damages like lost wages, lost healthcare benefits, and emotional trauma.
You do not have to shoulder the burden of these damages on your own. Instead, you can pursue monetary compensation for the damages you suffer through an FMLA claim with the aid of an experienced employment lawyer.
Under FMLA, covered employees are entitled to:
Not all employees are covered by FMLA. Sometimes, employers attempt to deny employees their FMLA rights by claiming they do not qualify for them or by misclassifying them as independent contractors. Your lawyer can help you determine whether you legally qualify for FMLA protection.
Qualifying employees are employees who:
If you feel your FMLA rights were denied, take careful notes of exactly which rights you feel were infringed upon and the date, time, and context of the denial. Bring your documents to your company’s Human Resources department to see if you can resolve the issue internally.
If you cannot resolve it internally, contact an experienced employment lawyer to determine how best to handle the situation. It could involve filing a claim with the Equal Employment Opportunity Commission (EEOC) to open an investigation. If the EEOC’s investigation finds that you were unfairly denied FMLA benefits, it may facilitate a settlement between you and your employer to cover your related losses. If the investigation does not lead to a settlement, you may have grounds to file a lawsuit against your employer to seek the compensation you deserve.
If your FMLA rights were violated, be proactive and start working with an experienced employment lawyer now to develop an FMLA violation claim. FMLA violations can be expensive for victims, and if you face financial damages because of such a violation, you have the right to pursue monetary compensation for your losses. To learn more about your legal rights in this situation, contact the Law Office of Mitchell A. Kline today to set up your initial legal consultation with us.